On April 24, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Michael Lento,
and
Town Of Kent Building Inspector,
Town Of Kent Planning Board,
Town Of Kent Zoning Board Of Appeals,
for Special Proceedings - CPLR Article 78
in the District Court of Putnam County.
Preview
FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024
.h
FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024
1
carried.
motionThe
Ave Morini Richard
Aye Gattucci Giancarlo
Aye Faraone Thomas
Absent Cruz Sabrina
Aye Beshar Jacky
Carey,
Aye Chairman
Vice Simon
German,
Ave Chairman Hugo
Gattucci.
Mr. Mr.
votes:call roll the were Following by and
seconded German by
minutes. 8, Mr.
made was motionThe 2023 June the approve
to motion
a for asked German
8, June the from Minutes Planning "
Approve
meeting 2023 Board Kent
Walters,
Inspector Building William
Barber,
Consultant Environmental Bruce
Andrews, Rohde, Andrews,
Engineer & Soyka John
Attendance:
in Others
Planner, Fletcher,
LoGuidice
& Barton Donald
Ruthven,
Liaison Board Planning Chris
Cruz Sabrina
Absent:
Morini Richard
Gattucci Giancarlo
Faraone Thomas
Beshar Jacky
Carey,
Chairman
Vice Simon
German,
Chairman Hugo
Attendance:
in Members
Hall.
Town Kentat held meeting
the in participated consultants
Board Planning
and members Board Planning following
The
PM. Board,
7:30at order
to the
meeting called
German, Mr. Allegiance,
Planning
Kentof Town theof Chairman Hugo of Pledgethe Following
FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024
2
none. Mr.
were thereand any had
comments audience
the in anyone
if asked German
carried.
motionThe
Ave Marini Richard
Aye Gattucci Giancarlo
Aye__
Faraone Thomas
Absent Cruz Sabrina
Ave Beshar Jacky
Carey,
Aye Chairrnan
Vice Simon
German,
Aye Chairman Hugo
votes:call roll
Carey.
Mr. Mr.
the were Following by seconded
and German by made was motion
project. Mr.
The this for Hearing Public the opento motion
a for asked German
addition/breezeway. .
the into be
relocated would
Mr. Dorman.Mr. Mr.
house the in
existing bathroom
a that said Dorman and Karell to ing
draw- this Mr. submitted.
showed Carey the on
drawing shownwas which bathroom
a about
Mr. approval.
again asked Carey for Board Town the to be
forwarded bond this that ommend
rec- Mr. Hearing,
wouldhe said Andrews Public thisat comments negative
no are there ing
Provid- submitted.
been has fee Inspection
Final $1,000.00
and $3,900.00
of estimatebond
a
required. project,
and deliveredbeen have submittals Several be not would permit A
SPDES
Mr.
this for be
required would Permit Wetlands
a and Control Erosion
an that said Andrews
Mr.
Comments Andrews'
permits.
wetland to
granting relative 39-A Chapter
to referto audience
the asked
impacted.
BarberMr be would lake the how to as concerns
were there and area vegetative
35').
a
native upon encroach
will project this of Part (approximately
Carmel Lakeof 100'
Mr.
within piers on gazebo
a of construction involved project this that mentioned Barber
Mr.
Comments Barber's
yet. progressing,
response
a received hasn'tbut was project
this that them told and Systems Clean Fuji representing
woman
a to spoken
had he that Board
Mr. groundwater.
Planning
the told Dorman the to discharged system septic the in trogen
FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024
3
carried.
motionThe
Ave Morini Richard
Aye Gattucci Giancarlo
Aye Faraone Thomas
Absent Cruz Sabrina
Aye Beshar Jacky
Carey,
Ave Chairman
Vice Simon
German,
lye Chairman Hugo
Beshar.
Ms. Mr.
votes:call roll the were Following by and
seconded German
approval.
by made was motionThe for Board Town the to it to
forward and Fee Inspection
Mr.
Final $1,000.00
and of
$3,900.00 estiinatebond the to
accept motion
a for asked German
carried.
motionThe
Aye Morini Richard
Aye Gattucci Giancarlo
Ave Faraone Thomas
Absent Cruz Sabrina
Aye Beshar Jacky
A_ye___ Carey,
Chairman
Vice Simon
German,
Ave Chairman Hugo
votes:
Beshar.
Ms- Mr.
call roll the were Following by and
seconded German by made was tion
mo- The Permits. Mr.
German
Wetlandand Control Erosion
the grantto motion
a for asked
carried.
motionThe
Aye Morini Richard
Aye Gattucci Giancarlo
Aye Faraone Thomas
A-bbssennt.
FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024
carried.
motionThe
Ave Morini Richard
Ave Gattucci Giancarlo
Ave Faraone Thomas
Absent Cruz Sabrina
Ave Beshar Jacky
Carey,
Ave Chairman
Vice Simon
German,
Ave Chairman Hugo
Beshar.
Ms.
votes:call roll the were Following by seconded
and
Mr. 2024),
8,
Gattucci by made was motion The (July meeting this from year one for
Mr. .
frame time the extendand order work stop the lift to motion
a for asked German
year.
a of minimum
a for be
extended
may approvals
the and be
lifted may order work stop the and plan the
approved with
noted.
compliance
in be
completed now can site The were plans As-Builtand vey
sur- the site. survey.
between differences No
substantial the to made were visits Site
Mr.
the to was and
compared been had
submitted plan an
As-Built that said Andrews
Mr.
Comments Andrews'
applicant.
site.
the to given was order work stop
a and location wrong the in built was wall One
house.
the to broughtfill about issueswere there and began Work a of construction
re- to pertains time somefor Planning
the on been has
and agenda Board project This
NY; Kent, Tr., Property.
TM:
21.8-1-39 Tiger 49 Reabuto
"
carried.
motionThe
Ave Morini Richard
Ave Gattucci Giancarlo
Ave Faraone Thomas
Absent Cruz Sabrina
FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024
5
done. action.
be to need also reviews Legal I Typea become
this acres10 on in closing made. action
may disturbanceground
theof Because be to needs
begin.
I Type
a or an is
Unlisted projectthis whether
to as determination
A may process
Mr. process,
the
SEQRA before is
needed information that
additional said Barber SEQRA
Mr.
Barber,
the Regarding with meet to wants wetlands
the who
verified agent the that said
Mr. field. Mr.
Scott the on out were Drawing
the on shown flags theif
wetland asked Barber
Mr.
Comments Barber's
there.
out what's
Mr. Messrs. time.
validate
to Scott with workto authorization requestedBarberand Andrews
lots,
thisat been not
approved has that but the on
residential facilitiesdrain stormthe put to
to. 2023,17, Mr.
Battistoni, input.
wants The
applicant was
referred July dated frðm letter
A
Mr.
their for Manor Kent -for the and
attorney Attorney Town the who
contacted Battistoni
questions, Mr. Mr.
to refenedwere which some
in sent had Scott that confirmed Andrews
Mr.
Comments Andrews'
attorney.
Board Planning
Kent the from comments
or is
waiting The
applicant
shortly. along.
be
verified will flags Wetland projectthe moveto orderin process SEQRA
Health.
the startto hopes The
applicant of Board the from for
approval waitingare they
week.
and works the in is projecttheof commercial-side
the for sewer
agreement A a within
property.
road the on beginto is Work the of west the to built be to are
proposed homes
east. Road.
Two the to were
proposed projects commercial
3 and sides both owns client The
later.
Nichols
of usea evaluating
Document Filed Date
April 24, 2024
Case Filing Date
April 24, 2024
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024 .h FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024 1 carried. motionThe Ave Morini Richard Aye Gattucci Giancarlo Aye Faraone Thomas Absent Cruz Sabrina Aye Beshar Jacky Carey, Aye Chairman Vice Simon German, Ave Chairman Hugo Gattucci. Mr. Mr. votes:call roll the were Following by and seconded German by minutes. 8, Mr. made was motionThe 2023 June the approve to motion a for asked German 8, June the from Minutes Planning " Approve meeting 2023 Board Kent Walters, Inspector Building William Barber, Consultant Environmental Bruce Andrews, Rohde, Andrews, Engineer & Soyka John Attendance: in Others Planner, Fletcher, LoGuidice & Barton Donald Ruthven, Liaison Board Planning Chris Cruz Sabrina Absent: Morini Richard Gattucci Giancarlo Faraone Thomas Beshar Jacky Carey, Chairman Vice Simon German, Chairman Hugo Attendance: in Members Hall. Town Kentat held meeting the in participated consultants Board Planning and members Board Planning following The PM. Board, 7:30at order to the meeting called German, Mr. Allegiance, Planning Kentof Town theof Chairman Hugo of Pledgethe Following FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024 2 none. Mr. were thereand any had comments audience the in anyone if asked German carried. motionThe Ave Marini Richard Aye Gattucci Giancarlo Aye__ Faraone Thomas Absent Cruz Sabrina Ave Beshar Jacky Carey, Aye Chairrnan Vice Simon German, Aye Chairman Hugo votes:call roll Carey. Mr. Mr. the were Following by seconded and German by made was motion project. Mr. The this for Hearing Public the opento motion a for asked German addition/breezeway. . the into be relocated would Mr. Dorman.Mr. Mr. house the in existing bathroom a that said Dorman and Karell to ing draw- this Mr. submitted. showed Carey the on drawing shownwas which bathroom a about Mr. approval. again asked Carey for Board Town the to be forwarded bond this that ommend rec- Mr. Hearing, wouldhe said Andrews Public thisat comments negative no are there ing Provid- submitted. been has fee Inspection Final $1,000.00 and $3,900.00 of estimatebond a required. project, and deliveredbeen have submittals Several be not would permit A SPDES Mr. this for be required would Permit Wetlands a and Control Erosion an that said Andrews Mr. Comments Andrews' permits. wetland to granting relative 39-A Chapter to referto audience the asked impacted. BarberMr be would lake the how to as concerns were there and area vegetative 35'). a native upon encroach will project this of Part (approximately Carmel Lakeof 100' Mr. within piers on gazebo a of construction involved project this that mentioned Barber Mr. Comments Barber's yet. progressing, response a received hasn'tbut was project this that them told and Systems Clean Fuji representing woman a to spoken had he that Board Mr. groundwater. Planning the told Dorman the to discharged system septic the in trogen FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024 3 carried. motionThe Ave Morini Richard Aye Gattucci Giancarlo Aye Faraone Thomas Absent Cruz Sabrina Aye Beshar Jacky Carey, Ave Chairman Vice Simon German, lye Chairman Hugo Beshar. Ms. Mr. votes:call roll the were Following by and seconded German approval. by made was motionThe for Board Town the to it to forward and Fee Inspection Mr. Final $1,000.00 and of $3,900.00 estiinatebond the to accept motion a for asked German carried. motionThe Aye Morini Richard Aye Gattucci Giancarlo Ave Faraone Thomas Absent Cruz Sabrina Aye Beshar Jacky A_ye___ Carey, Chairman Vice Simon German, Ave Chairman Hugo votes: Beshar. Ms- Mr. call roll the were Following by and seconded German by made was tion mo- The Permits. Mr. German Wetlandand Control Erosion the grantto motion a for asked carried. motionThe Aye Morini Richard Aye Gattucci Giancarlo Aye Faraone Thomas A-bbssennt. FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024 carried. motionThe Ave Morini Richard Ave Gattucci Giancarlo Ave Faraone Thomas Absent Cruz Sabrina Ave Beshar Jacky Carey, Ave Chairman Vice Simon German, Ave Chairman Hugo Beshar. Ms. votes:call roll the were Following by seconded and Mr. 2024), 8, Gattucci by made was motion The (July meeting this from year one for Mr. . frame time the extendand order work stop the lift to motion a for asked German year. a of minimum a for be extended may approvals the and be lifted may order work stop the and plan the approved with noted. compliance in be completed now can site The were plans As-Builtand vey sur- the site. survey. between differences No substantial the to made were visits Site Mr. the to was and compared been had submitted plan an As-Built that said Andrews Mr. Comments Andrews' applicant. site. the to given was order work stop a and location wrong the in built was wall One house. the to broughtfill about issueswere there and began Work a of construction re- to pertains time somefor Planning the on been has and agenda Board project This NY; Kent, Tr., Property. TM: 21.8-1-39 Tiger 49 Reabuto " carried. motionThe Ave Morini Richard Ave Gattucci Giancarlo Ave Faraone Thomas Absent Cruz Sabrina FILED: PUTNAM COUNTY CLERK 04/24/2024 11:07 AM INDEX NO. 500726/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/24/2024 5 done. action. be to need also reviews Legal I Typea become this acres10 on in closing made. action may disturbanceground theof Because be to needs begin. I Type a or an is Unlisted projectthis whether to as determination A may process Mr. process, the SEQRA before is needed information that additional said Barber SEQRA Mr. Barber, the Regarding with meet to wants wetlands the who verified agent the that said Mr. field. Mr. Scott the on out were Drawing the on shown flags theif wetland asked Barber Mr. Comments Barber's there. out what's Mr. Messrs. time. validate to Scott with workto authorization requestedBarberand Andrews lots, thisat been not approved has that but the on residential facilitiesdrain stormthe put to to. 2023,17, Mr. Battistoni, input. wants The applicant was referred July dated frðm letter A Mr. their for Manor Kent -for the and attorney Attorney Town the who contacted Battistoni questions, Mr. Mr. to refenedwere which some in sent had Scott that confirmed Andrews Mr. Comments Andrews' attorney. Board Planning Kent the from comments or is waiting The applicant shortly. along. be verified will flags Wetland projectthe moveto orderin process SEQRA Health. the startto hopes The applicant of Board the from for approval waitingare they week. and works the in is projecttheof commercial-side the for sewer agreement A a within property. road the on beginto is Work the of west the to built be to are proposed homes east. Road. Two the to were proposed projects commercial 3 and sides both owns client The later. Nichols of usea evaluating